8
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party (the
original is not underlined).
32. In its consistent jurisprudence, this Court has reiterated that it is a principle of
international law that any violation of an international obligation that has produced
damage entails the obligation to make adequate reparation7.
33. Reparation of the damage resulting from the violation of an international
obligation requires, whenever possible, the full restitution (restitutio in integrum),
which consists in the re-establishment of the previous situation. If this is not
possible, as in the instant case, the international court must determine a series of
measures to guarantee the violated rights and order payment of compensation for
the damage caused8.
34.
The respondent State may not invoke provisions of domestic law in order to
modify or fail to comply with the obligation to make reparation – all aspects of which
(scope, nature, methods and determination of the beneficiaries) are regulated by
international law9.
35.
As the Court has indicated, Article 63(1) of the American Convention codifies
a rule of common law that is one of the fundamental principles of contemporary
international law on State responsibility10. When an unlawful act occurs that may be
attributed to a State, the international responsibility of the latter is immediately
engaged for the violation of an international law, with the resulting obligation to
make reparation and to ensure that the consequences of the violation cease11.
7
Cf. Ivcher Bronstein case, supra note 1, para. 177; Baena Ricardo et al. case, supra note 3, para.
201; The Constitutional Court case, supra note 1, para. 118; Blake case. Reparations (Article 63(1) of the
American Convention on Human Rights). Judgment of January 22, 1999. Series C No. 48, para. 33;
Suárez Rosero case. Reparations (Article 63(1) of the American Convention on Human Rights). Judgment
of January 20, 1999. Series C No. 44, para. 40; Castillo Páez case. Reparations, supra note 2, para. 50;
Loayza Tamayo case. Reparations (Article 63(1) of the American Convention on Human Rights). Judgment
of November 27, 1998. Series C No. 42, para. 84; Caballero Delgado and Santana case. Reparations
(Article 63(1) of the American Convention on Human Rights). Judgment of September 19, 1996. Series C
No. 31, para. 15; Neira Alegría et al. case. Reparations (Article 63(1) of the American Convention on
Human Rights). Judgment of September 19, 1996. Series C No. 29, para. 36; El Amparo case. Reparations
(Article 63(1) of the American Convention on Human Rights). Judgment of September 14, 1996. Series C
No. 28, para. 14; Aloeboetoe et al. case. Reparations (Article 63(1) of the American Convention on Human
Rights). Judgment of September 10, 1993. Series C. No 15, para. 43. Also, Cf. Reparation for injuries
suffered in the service of the United Nations, Advisory Opinion: I.C.J. Reports 1949, p. 184; Factory at
Chorzów, Claim for indemnity, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17, p. 29; and
Factory at Chorzów, Claim for indemnity, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, p.
21.
8
Cf. Ivcher Bronstein case, supra note 1, para. 178; Baena Ricardo et al. case, supra note 3, para.
202; and The Constitutional Court case, supra note 1, para. 119.
9
Cf. Blake case. Reparations, supra note 7, para. 32; Suárez Rosero case. Reparations, supra
note 7, para. 42; and Castillo Páez case. Reparations, supra note 2, para. 49.
10
Cf. Blake case. Reparations, supra note 7, para. 33; Suárez Rosero case. Reparations, supra note
7, para. 40; Castillo Páez case. Reparations, supra note 2, para. 50; also Cf. Reparation for injuries
suffered in the service of the United Nations, supra note 7, p. 184; Factory at Chorzów, Claim for
indemnity, Merits, supra note 7, p. 29; and Factory at Chorzów, Claim for indemnity, Jurisdiction, supra
note 7, p. 21.
11
Cf. Baena Ricardo et al. case, supra note 3, para. 201; Blake case. Reparations, supra note 7,
para. 33; and Suárez Rosero case. Reparations, supra note 7, para. 40.